24 Pa. D. & C.5th 532
Pennsylvania Court of Common P...2011Background
- Motor vehicle accident July 28, 2006 in Hanover Township, Luzerne County, PA.
- Plaintiff Joseph Saita injured when Flower allegedly ran a stop sign and entered an intersection.
- Flower was driving a Colgate-Palmolive vehicle on a work-related trip.
- Plaintiffs filed two separate suits in Luzerne County and later consolidated all three actions in 2011.
- Flower asserted a 75 Pa.C.S.A. § 3107 funeral procession privilege as an affirmative defense.
- Court granted plaintiffs' motion for partial summary judgment, concluding Flower was not entitled to the § 3107 privilege.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3107 funeral procession privilege applies to Flower | Saita argues Flower was not a bona fide participant. | Flower contends he had the privilege by virtue of being in or near a funeral procession. | Privilege not applicable to Flower; not bona fide participant. |
| Whether there are genuine issues of material fact precluding summary judgment on § 3107 claim | Record shows Flower not part of funeral procession and not meeting § 3107 conditions. | Disputes over procession status and whether all § 3107 requirements were met. | No genuine issues; undisputed facts show no § 3107 entitlement. |
Key Cases Cited
- Przybyszewski v. Nunes, 168 Pa. Super. 311, 77 A.2d 703 (1951) (Pa. Super. 1951) (historical discussion of intersectional funeral procession cases)
- Prince v. Pavoni, 302 A.2d 452 (Pa. Super. 1973) (summary judgment standards; no triable issue if applicable)
- Kotwasinski v. Rasner, 258 A.2d 865 (Pa. 1969) (summary judgment standard; clear right to judgment required)
- Capek v. Devito, 767 A.2d 1047 (Pa. 2001) (summary judgment burden on movant; view record in light favorable to non-movant)
- Prince v. Pavoni, 302 A.2d 452 (Pa. Super. 1973) (no triable issue where material facts are undisputed)